Legitimate Expectations !!!

                 Law is nothing but a set of rules that control human actions and maintains the societal order backed by sanctions. So it’s a tool for social control.

Natural human tendency, our basic tenets, characters, customs are a major component of law which qualifies all the criteria accepted by people at large.

Meaning thereby, theft, murder, sexual abuse etc are some barbaric character of human beings, we all have an evil side and those evil characters are not been accepted in the society…they are classified as crime…

Human characters, their natural evil side should always be prevented from taking over their good character… This is precisely the purpose of law….

One of the important institution is judiciary which is responsible for implementing the laws to control the evil character and maintains societal order.. But judges are also belong to the same group of homo sapiens…may be with some extra quotient of integrity and morality… but they are also having some evil characters, they are also vulnerable at times… So being a ordinary person, or citizen how can I be sure of the fact that justice will be delivered always?

The latest judgment which has taken away the ancestral property rights of the girl child with an imposition of arbitrary date in place…. has showed the mind set of the judges, it showed  their character.

On the contrary,  in a significant judgement, Allahabad High Court has ruled that a child born out of rape will have inheritance rights over the property of the assaulter, the “biological father”.

A Division Bench of Justice Shabihul Hasnain and Justice D K Upadhayaya said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property.

We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the Personal Law to which the person is subject irrespective of the manner of birth of the person. It is irrelevant as to whether the newly-born child of a rape victim is born out of consensual sex or otherwise,” the Lucknow bench of the High Court said yesterday. This has shown a very optimistic and open minded character of the judges..

But the most important question is what would be the expectation of ordinary citizen of this country if they are not sure about the fulfillment of their basic expectations of getting justice in this dichotomous justice system.

The concept of legitimate expectation is grossly violated and this leads to poor number of registration of FIRs, and this shows citizen’s lack of faith in judiciary, they are not sure!!!

This need to change, we need to have a coherent form of judgments, which will fulfil the legitimate expectations ….

Lots of love and respect !!!
Beparvah !!

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26 thoughts on “Legitimate Expectations !!!

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  1. Well, that’s a wonderful point that Indian judiciary has many loopholes and guards, which need to be uniformalised. But, that may lead to a Banana republic if things are Black and White. Indian judiciary still works on case-to-case basis and with ref to prior judgements etc., which brings some flexibility rather than orthodox unrelenting rules.

    Now, coming to this judgement, Girl child has pretty much right as boy today on ancestral properties. Technically, they have right over both father’s and husband’s property. This judgement just excluded people whose father died before the 2005 amendment. I find it fair since a rule is valid only from the day its coined. While writing this, I see a barren land in front of me, which is under litigations by sisters who suddenly got this right in 2005 and began armtwisting their elderly brothers in 50s, and fathers have died long back 🙂

    Liked by 1 person

    1. Well now I have only one request, sir please tell me the ratio decendi of this case where arbitrary date was used as a tool, and what could the problem of retrospective effect of this bill sir apart from logistic…

      Would love to know the ratio sir ..
      🙂 god bless..

      Like

      1. Don’t know what’s the ratio decidendi of this case. But, if you make me a judge, I would say 🙂

        “Entire property of deceased which is ancestral and which continues joint would not succeed to his sons as heirs of deceased alone but other legal heirs would have a share in HUF properties, being ancestral properties of deceased left after interest of deceased, promulgated on or after 2005, and not before the mentioned year. ”

        It simply means any law in the world is applicable from the date of its promulgation.

        Rest, you would be knowing better since you belong to the field. I have very limited knowledge 🙂

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      2. Dear sir, we have article 372 in constitution which talks about retrospective effect of law…(civil law only)
        So I believe that debarring someone for losing their father before 2005 is very much unfortunate… They have already paid the price of being a woman !! Can’t we keep it that way ..
        Rest is up to us 🙂 🙂

        Liked by 1 person

  2. More than a lack of faith in judiciary, it is the lack of understanding of judicial processes that makes a normal citizen apprehensive of expecting justice. This is coupled by the tedious legal processes (taarikh pe taarikh et al) that can drag the life out of the person seeking justice.

    So the layman (me in this case) thinks chalo rehne do. I’ll find some other way to sort this out, or just gulp down the injustice and blame God. The character of judges never even comes into question, even though it is a legitimate one.

    The lack of basic legal education is appalling. That is the first thing that needs to change if we ever hope to develop character as a nation.

    Liked by 1 person

    1. There is a survey going on to prepare the database of judges with respect to their past records and the ratio decendi…. Which will be in noon legal terms and in public soon….
      This might increase the coherence…., understanding and rejuvenate faith on this last pillar of democracy…

      Thank you for sharing your thought….
      Loved tarikh pe tarikh ….part. 🙂

      Liked by 1 person

  3. u write mostly good n logical article.realty is dt who is spread overeo all areas i.e. judgmental ,criminal,social n also domestical areas .nice n able to catch their nerves.welcome

    Liked by 1 person

      1. same to u .i want to say dt plz never be like dt blogger”the lonely authar…..”.do not follow him coz he is ugly n porn writer.i m not forcing u.i m most hurted after reading his blogs coz i think bloge is only for sobber,seriuos,current n emotional articles or poems.do as u like.if my any lines,do u not like,plz do’nt mind n forgive me.
        again welcome ur good comment.i m reading ur’s beloved story daily.

        Liked by 1 person

      2. u like or not;but my poem”d lonely àuther”is commented in wrong way by other blogger n i feel hurting myself.u r a nice n sensitive person i have said to u.if u mind l m sorry.

        Liked by 1 person

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